Milwaukee Light, Heat & Traction Co. v. Burlington Electric Light & Power Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Racine county: E. B. BeldeN, Circuit Judge. Tbe plaintiff, having obtained tbe necessary preliminary authorization from tbe Railroad Commission for tbe construction of a road passing through tbe city of Burlington, filed its petition, alleging tbe survey and staking out of its road, the necessity of running its line upon certain streets and highways in said city, entitling persons named in tbe petition to damages for tbe injury;…
Read the full summary
Appeal from an order of tbe circuit court for Racine county: E. B. BeldeN, Circuit Judge. Tbe plaintiff, having obtained tbe necessary preliminary authorization from tbe Railroad Commission for tbe construction of a road passing through tbe city of Burlington, filed its petition, alleging tbe survey and staking out of its road, the necessity of running its line upon certain streets and highways in said city, entitling persons named in tbe petition to damages for tbe injury; also tbe necessity for taking certain sundry parcels of land, including a triangular piece of a certain lot 8 in block…
1Opinion of the CourtDodge, J.
The appeal from this order can raise no question except the sufficiency of the petition to support it. There is no bill of exceptions, and therefore a necessary presumption arises that all facts which might have been proved under the petition have been so proved as to support the order. Some doubt is entertained whether we ought to consider the copy of the franchise in the record, instead of presuming that under this petition was introduced in evidence a franchise justifying the order entered. We have concluded, however, by reason of the peculiar phrasing of the petition quoted in the…
2Cases cited5 opinions
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Bayfield CountyWisconsin Supreme Court · 1894
- In re Milwaukee Southern Railway Co.Wisconsin Supreme Court · 1905
- Winnebago Furniture Manufacturing Co. v. Wisconsin Midland RailroadWisconsin Supreme Court · 1892
- Beloit, Delavan Lake & Janesville Railway Co. v. MacloonWisconsin Supreme Court · 1908
- Chicago, Milwaukee & St. Paul Railway Co. v. RichardsonWisconsin Supreme Court · 1893
3Cited by4 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- State ex rel. Thomas Furnace Co. v. City of MilwaukeeWisconsin Supreme Court · 1914
- Linwood & Auburn Levee District v. StateSupreme Court of Arkansas · 1915
- Horlick v. SwobodaWisconsin Supreme Court · 1936